Friday, June 6, 2008

Believing Doesn't Help-- Or Hurt For That Matter

Technically, we live in a society that keeps church and state separate, a distinction not so readily recognized by our sitting president who has faith based initiatives or the State of Florida, which recently hammered out a set of pro-life license plates. These mishaps aside, the Constitution expressly separates religion from the management of the state. Two points for anyone who can tell me what part of the Constitution imparts this separation.

From this precept spelled out in the American owner's manual, there are many extensions and applications made throughout the law. Here is one I found a few years ago when a witness I was questioning refused to take an oath because he claimed it was against his religion. I really thought this guy was going to take a beating at the hands of any judge or jury that ultimately came to hear him.

As it turns out, your religiuos beliefs or lack thereof have no bearing on your credibility when it comes to giving evidence. As stated by the Florida law:

90.611 Religious beliefs or opinions.--Evidence of the beliefs or opinions of a witness on matters of religion is inadmissible to show that the witness's credibility is impaired or enhanced thereby.

Who knew? I mean, I can certainly envision a jury trial where one side tries to come across as God fearing church folk and more credible than the atheist who sued them for building a social hall that encroached on to the non-believer's property.

So, my Judeo-Christian-Muslim-Hindi-Buddhist friends, your beliefs or lack thereof do not bear upon your credibility as a witness in this state. Wear your Star of David, bring your bible or Koran to court, the jury doesn't get to believe you any more or less because of it.

It's Friday. I'm tired. I'll keep it short. See you Monday.

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